General
- History SSE Y2 SB File Uploaded 2/11/21, 16:05
UNIT 5:RIGHTS, DUTIES AND OBLIGATIONS
5.1.1 Concepts of rights, duties and obligations
5.1.1.1 Rights
The term “rights” have different understandings and senses. In this context it
refers to legal, social, or ethical principles of freedom or entitlement i.e rights
are fundamental normative rules about what is allowed or owed to people
according to some legal system, social convention, or ethical theory. Rights
are of essential importance in such disciplines as law and ethics, especially in
theories of justice and deontology.
b. Types of Rights
Natural rights. Sometimes called moral rights or inalienable rights, they are
rights which are “natural” in the sense of “not artificial, not man-made” as in
rights deriving from human nature or from the edicts of a god. They are universal
that is they apply to all people and do not derive from the laws of any specific
society. E.g a natural right of humans: right to protect or to be protected.
Legal rights. Sometimes called civil rights or statutory rights, they are rights
based on a society’s customs, laws, statutes or actions by legislatures. E.g a
right to vote of citizens.
Claim rights. These are rights which entail that another person has a duty to
the right-holder. E.g claim rights to things like “life, liberty, and property”; these
rights impose an obligation upon others not to assault or restrain a person, or
use their property, without the claim-holder’s permission.
Liberty rights. Also known as privileges, they are simply freedom or permission
for the right-holder to do something, and there are no obligations on other
parties to do or not do anything. E.g a liberty right to free speech where nobody
has the obligation to listen to the speech or refrain from speaking to anyone
Negative rights: They are permissions not to do things, or entitlements to be
left alone. E.g a right against being assaulted.
Positive rights: These are permissions to do things, or entitlements to be done
unto.
One example of a positive right is the “right to welfare”.
Individual rights: These are rights held by individual people regardless of their
group membership or lack thereof.
Group rights: These are rights existing when a group is seen as more than a
mere composite or assembly of separate individuals but an entity in its own
right. E.g a set of rights which individuals-as-group-members have such as the
rights to specific working conditions or wages for workers grouped into a labor
union.
5.1.1.2 Duties
A duty is a term that conveys a sense of moral commitment or obligation to
someone or something. When someone recognizes a duty, that person theoretically commits himself to its fulfillment without considering his/her
own self-interest. Its fulfillment generally involves some sacrifice of immediate self-interest. For instance, the services performed by a minister
of a church, by a soldier or by any employee or servant are a kind of duties.
Note that duty is not only about doing things right, it is also about doing the
right thing.
There are two major known types of duty: Civic duty and Filial duty
Civic duty is referred to as something owed to one’s country (patriotism), or to
one’s homeland or community.
A civic duty could include:
─ Obey the law;
─ Pay tax;
─ Provide for a common defense, should the need arise;
─ Enroll to vote, and vote at all elections and referenda (unless there is
a reasonable excuse such as a religious objection, being overseas or
illness on polling day);
─ Serve on a jury, if called upon;
─ Going to the aid of victims of accidents and street-crime and testifying
as a witness later in court;
─ Reporting contagious illnesses or pestilence to public-health
authorities;
─ Volunteering for public services (e.g. life-saving drills);
─ Donating blood.
Filial duty is defined as appropriate actions children would perform in
relationship with, or feelings towards their parents (families).
A filial duty could include:
─ Upholding the family’s honor in the eyes of the community;
─ Entering into arranged marriages that benefit the family’s status;
─ Caring for in poor conditions relatives;
─ Being good as a son and obedient as a young man.
Note: a filial duty plays the role of mobilizing the loyalties, labor power, and
other resources children in the ostensible interests of the household and, in
some cases, those of the lineage clan as a whole.
5.1.1.3 Obligations
An obligation is a course of action that someone is required to take, whether
legal or moral (eg an obligation of keeping a promise or fulfilling a contract).
The word “obligation” can also designate a written obligation, or such things as
bank notes, coins, checks, bonds, stamps, or securities.
The term “obligation” in plural “obligations” has so many uses and types
depending on the context in which it is used. Here it is looked at in the normative
context where its types include:
Obligations of etiquette: These are referred to as a code of behavior that defines
expectations for social behavior (a behavior among two or more organisms,
typically from the same species eg Humans) according to present conventional
norms within a society, social class or group.
Social obligations: Also known as “social responsibilities”, these ethical
frameworks which suggest that an entity, be it an organization or individual,
has a duty to act for the benefit of society at large.
Political obligations: These moral duties a citizen’s (or member’s) owes to
obey the law.
These obligations above are generally known as Legal obligations (intend to
make citizens obey the laws enacted by the civil authority), which can incur
a penalty for non-fulfillment, although certain people are obliged to carry out
certain actions for other reasons as well, whether as a tradition or for social
reasons.
Civil obligations: These are obligations to respect and uphold the legitimately
constituted civil authority.
Note: Obligations vary from person to person. Eg a person holding a political
office will generally have far more obligations than an average adult citizen, who
him/herself will have more obligations than a child. Furthermore, obligations
are generally granted in return for an increase in an individual’s rights or power.
5.1.2. Role of rights, duties and obligations in society
They play the role of:
Developing Individual’s personality. Rights, duties and obligations are
indispensable for the development of the personality of an individual as water,
air, soil, sun are so for a plant.
Providing the success of democracy: Rights, duties and obligations enable
citizens to take part in administration and this leads to the success of democracy.
Availing Liberty and Equality: Enjoyment of rights, performance of duties and
fulfilling of obligations by the individuals lead to liberty and equality.
Promoting the welfare of the society and State: A society/state can get on the
path of peace, progress and prosperity only when its citizens are vigilant about
their rights, perform their duties and meet their obligations properly.
Giving way to other people’s rights: When the law, public order and collective
well-being are respected;
Providing ways of working and acting independently by meeting the set rules
and regulations;
Promotion of accountability and the respect of the human dignity.
5.1.3 Duties of a citizen towards his/her nation
As a member/ part of a particular Nation each citizen is supposed to fulfill
certain obligations/duties/responsibilities such as:
─ Respect for national symbols;
─ Respect for national values;
─ Respect for public property;
─ Prompt payment of taxes;
─ Promotion of peace, national unity and reconciliation;
─ Defense of territorial integrity;
─ Proof fellow-citizens and their property;
─ Contribution to national development;
─ Supporting good morals in the family and the society;
─ Participation in the creation of a conducive environment within the
family and the society.
As the supreme institution, the state owes to its citizen obligations such as:
Protecting its populations from genocide, war crimes, ethnic cleansing and
crimes against humanity; Providing equal access to public service in accordance
with their competence and abilities and gender balance; Maintaining relations
conducive to safeguarding, promoting and reinforcing mutual respect, solidarity
and tolerance among its citizens; Protecting and defending the security of
citizens inside and outside their motherland; Respecting the Constitution,
other laws and regulations of the country; Protecting and preserving the
environment; Promoting the national culture; Safeguarding and promoting
positive values based on cultural traditions and practices; Preserving the
national cultural heritage; Providing the socio-economic development facilities
to its people; Educating its people; Promoting good relationship with other
countries;Repressing the culture of impunity and promoting equality before
law for all; Providing a legal right of self-defense of its citizens, etc.
This implies the policies and actions through which the Government of Rwanda
demonstrates its commitment to work towards the fulfillment of its duties and
obligations to its citizens and the ways citizens work likewise.Achievements in the fulfilling of duties and obligations of either side
Out of the ways the government fulfills its duties and obligations to its citizens
likewise, there arises positive results which include:
─ Rwanda’s being on spot in terms of peace and security keeping
regionally and internationally. Eg Participation in UN mission troops
in Darfur, Centrafrique, Haiti…
─ Booming of socio-economic development (UNDP- Human
Development, 2014 Report);─ Enhancing citizens’ loyalty;
─ Increase of diplomacy on regional and international levels;
─ Success of the country’ s policies.eg Decentralization;
─ Sharpening of patriotism;
─ Increase of the pride to belong to a country that cares for its citizens;
─ Promotion of dignity and self-reliance among Rwandans;─ Promotion of Unity and reconciliation, etc
Unit Summary
The unit above captures main duties and obligations the state and citizen
should perform in achieving socio-economic development. This implies the
policies and actions through which the Government of Rwanda demonstrates
its commitment to work towards the fulfillment of its duties and obligations to
its citizens and the ways citizens work likewise. As consequence, if all is well
done, this leads to citizen welfare improvement at every sector of economic
field countrywide.in this book, planned activities allow learners to assess howfar they understood the shared responsibilities.